Date of Decision: June 30, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-2 National Interest Waiver (NIW)
Field of Expertise: Legal Assistance
Petitioner Information
Profession: Legal Assistant Advisor
Field: Legal Studies
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Evidentiary Criteria Analysis
Criteria Met:
Bachelor’s Degree in Legal Studies: The petitioner provided evidence of a bachelor’s degree.
Experience in Legal Assistance: Evidence of experience in the legal field was submitted.
Criteria Not Met:
Advanced Degree Requirement: The job offer portion of the labor certification did not require an advanced degree.
Required Experience: The petitioner failed to provide consistent evidence of the required 36 months of experience.
Key Points from the Decision
Proposed Endeavor:
The petitioner proposed to employ the beneficiary as a legal assistant advisor.
Substantial Merit and National Importance:
The petition did not sufficiently demonstrate substantial merit and national importance. It lacked specific examples or evidence supporting the substantial merit and national importance of the proposed employment.
Supporting Evidence:
The petitioner submitted a letter from a partner in Greece indicating the beneficiary’s employment as a law associate. However, inconsistencies in the employment dates were noted, undermining the credibility of the evidence.
Inconsistencies in Proposed Endeavor:
The employment dates provided by the petitioner overlapped and were inconsistent with the labor certification, which only listed a specific period.
Supporting Documentation
Letters of Intent: Not applicable.
Business Plan: Not applicable.
Advisory Letter: The advisory letter from the partner in Greece was provided but contained inconsistent employment dates.
Any Other Supporting Documentation: None provided.
Conclusion
The appeal was dismissed. The petitioner did not meet the requirements for an advanced degree position, and inconsistencies in the beneficiary’s employment history could not be resolved. The job offer portion of the labor certification did not require an advanced degree, and the petitioner failed to provide consistent evidence of the beneficiary’s required experience.
Download the Full Petition Review Here
In Re: 513590
Document Name: JUN302017_02B5203
